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(영문) 서울행정법원 2010.04.16 2009구합42069

단체협약시정명령취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 12, 2007, the Plaintiff is a public official labor union, the establishment of which was reported pursuant to the Act on the Establishment, Operation, etc. of Public Officials’ Labor Unions (amended by Act No. 10133, Mar. 17, 2010; hereinafter “Public Officials’ Labor Unions Act”).

B. The Busan Regional Headquarters’s Head Office, Young-gu Branch, Suwon-gu Branch, Suwon-gu Branch, and Busan Metropolitan City Branch under the Plaintiff concluded a collective agreement between the head of each Busan Metropolitan City’s annual Gu, the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Suwon-do, and the head of Busan Metropolitan City and the head of each Busan Metropolitan City.

C. The Busan Regional Labor Relations Commission requested the Defendant to examine the illegality of each of the above collective agreements, and decided that part of the collective agreements, including the provisions in the attached Tables 1 through 4 of the above collective agreements, was illegal. The Defendant entered the Plaintiff as to ① Violation of Article 10(1) of the Public Officials' Labor Relations Adjustment Act, ② Violation of Article 8(1) of the Public Officials' Labor Relations Adjustment Act, ③ Violation of Article 81 subparag. 4 of the Trade Union and Labor Relations Adjustment Act (hereinafter "Trade Union Act"), ④ Violation of Article 7(2) and (3) of the Public Officials' Labor Relations Adjustment Act, ⑤ Violation of Article 7(2) and (3) of the Public Officials' Labor Relations Adjustment Act, ⑤ Violation of Article 48, and Article 55 of the Local Public Officials Act, on the ground that the “reasons’s correction order” stated in the attached Tables 1 through 4 of the above collective agreements, including the provisions in the attached Tables 1 through 3 of the former Convention, and part of the attached Tables 3 through 4 of the Busan International Labor Relations Act.

(hereinafter referred to as "each of the corrective orders of this case"). [Ground of recognition] 1 to 4 each of Gap evidence 1 to 4

2. Whether each of the corrective orders of this case is lawful

A. Each of the instant corrective orders as to the provision in the “written statement” in attached Forms 1 through 4 of the Plaintiff’s assertion is unlawful for the following reasons.